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Electoral Act, 1998 (Act No. 73 of 1998)

Chapter 4 : Elections

Part 1 : Voting

38. Voting procedure

 

 

(1) A voter may only vote once in an election,  and may vote only at the station in the voting district for which that voter is registered.

 

(2) A voter is entitled to vote at a voting station—
(a) on production of that voter's identity document to the presiding  officer  or a voting officer at the voting station; and
(b) if that voter's name is in the certified segment of the voters' roll for the voting district concerned.

 

(3) When a voter produces an identity document to a presiding officer or voting officer as required by subsection (2)(a), the presiding officer or voting officer must examine the identity document and determine whether—
(a) the voter is the person described in that identity document;
(b) the voter's name is in the certified segment of the voters' roll for the voting district concerned; and
(c) that voter has not already voted in the election.

 

(4) For the purposes  of subsection (3)(a), the presiding  officer or voting officer may require that the voter's fingerprints be taken.

 

(5) If the presiding officer or voting officer is satisfied in respect of all the matters mentioned in subsection (3), that officer must—
(a) record that the voter is regarded to have voted in the election;
(aA) mark the voter's identity document in the prescribed manner;
(b) mark the hand of the voter in the prescribed manner;
(c) mark the back of a ballot paper for that election; and
(d) hand the ballot paper to the voter.

[Subsection (5) (aA) insertion by No. 11  of Act No. 34 of 2003 Government Gazette 25687]

 

(6) Once the voter has received a ballot paper marked in terms of subsection (5)(a), the voter must—
(a) enter an empty voting compartment;
(b) mark the ballot paper in a way that indicates the registered party or candidate the voter wishes to vote for;
(c) fold the ballot paper to conceal the voter's vote;
(d) take the ballot paper to a ballot box for the election and show it to the presiding officer or a voting officer in a way that that officer can see the mark made in terms of subsection (5)(a);
(e) place the ballot paper in the ballot box; and
(f) without delay leave the voting station.

 

(7) The voting compartment must comply with the provisions of section 70.